Ronald T. Butler, an Infant, by Booker T. Butler, His Father and Next Friend, and Booker T. Butler, Individually v. District of Columbia

PRETTYMAN, Senior Circuit Judge:

Our appellants were plaintiffs in a civil action in the District Court against the District of Columbia. At the close of their case the trial judge directed a verdict for the defendant-appellee. This verdict was on alternative grounds. Relying on the test established in Elgin1 the judge held that the evidence adduced showed that the alleged negligent act was “a clearly discretionary matter” that had been determined by the school authorities and, therefore, suit against the District of Columbia was barred by governmental immunity. Alternatively the judge held…